Loading...
ST9401-ES 981210 (3)TEMPORARY CONSTRUCTION EASEMENT STATE OF TEXAS § COUNTY OF DALLAS § KNOW ALL MEN BY THESE PRESENTS: CENTEX DEVELOPMENT COMPANY, a division of CENTEX HOMES, a Nevada general partnership f/k/a Vista Partners (hereinafter called "Grantor"), for and in consideration of the sum of Ten and No/100 Dollars ($10.00) to it cash in hand paid and other good and valuable consideration, paid by the CITY OF COPPELL, TEXAS, a mtmicipal corporation (hereinafter called "Grantee"), the receipt of which is hereby acknowledged and confessed, have granted, sold, and conveyed and by these presents do grant, sell, and convey unto the CITY OF COPPELL, TEXAS, a temporary construction casement (the "Temporary Construction Easement") over, on, upon, under, across, and along the tract of land described and depicted on Exhibit "A" attached hereto (the "Temporary Construction Tract"). The Temporary Construction Easement hereby granted above shall be used for the purpose of providing access to Denton Tap Road during the construction of said Denton Tap Road right-of- way, such right-of-way being granted by Grantor to Grantee by that certain Right-of-Way Dedication Deed Without Warranty attached hereto as Exhibit "B" CRight-of-Way"). Grantee, and its agents, employees, workers, contractors, and representatives shall have the right and privilege of ingress, egress, and regress over, on, upon, under, across, and along the Temporary Construction Tract as may be necessary for the purpose of constructing, making additions to, improvements on, and/or repairs to the Right-of-Way or any part thereof. After construction of the Right-of-Way has been completed or after any entry for repairs or maintenance, Grantee shall return the surface area of the Temporary Construction Tract to its original condition as nearly as practical taking into consideration the nature of the work being performed. Grantor reserves the right to use and maintain the surface of the Temporary Construction Tract for purposes which will not interfere with Grantee's rights hereby granted and agrees that upon completion of the Right-of-Way and restoration of the surface, Grantee shall not be obligated for future maintenance and upkeep of the surface area. This Temporary Construction Easement shall be in effect only during the construction of the Right-of-Way and shall terminate in any event no later than December 31, 1999. After recording. please return to: Denise Starkey, Paralegal c/o Centex Development Company 2728 N. Harwood Street Dallas, TX 75201-1516 TO HAVE fiaND TO HOLD unto the said CITY OF COPPELL, TEXAS, its successors and assigns, for the purposes aforesaid, the premises above described. IN WITNESS WHEREOF, CENTEX DEVELOPMENT COMPANY has caused this Temporary Construction Easement to be signed (by its duly authorized officer), and the CITY OF COPPELL, TEXAS has caused its acceptance of this Temporary Construction Eas~eXta;o be evidenced by the signatures of its duly authorized officers this ~ of ~ ¢e.tn,,Ja.,r ,1998. GRANTOR: CENTEX DEVELOPMENT COMPANY a division of CENTEX HOMES ffk/a Vista Parmers, a Nevada general parmership BY: ITS: ~,,c~:c~t rt vts ~2~t~,T Address: 2728 N. H Dallas, Texas 75201 - 1516 GRANTEE: ATTEST: City Secretary CITY OF CO.~/~ELL, TEXAS BY: C.-,-, IAT~:dre ' vard Coppell, Texas 75019 HADSTARKEYXFORMDOCSXEASEMNTgCONSTR.698 2 STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day is subscribed to the foregoing instrument and owl CENTEX DEVELOPMENT COMPANY, a division of CENTEX HOMES, a Nevada general partnership f/k/a Vista Partners, that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated. C~i..~x~N UNDER MY HAND AND ,1998. SEAL OF OFFICE, this the }C0/"day of ~Lt~try,~s printed name: T STATE OF TEXAS § COUNTY OF DALLAS § GIVEN UNDER '~.e ~k-~, r , 1998. BEFORE ME, the undersigned, a No .tary Public in and for said County and State, on this day personally appeared :2X'Chex LO; ~ of the CITY OF COPPELL, TEXAS, known to me to be the person whose name is subscribed to the foregoing insmnnent and acknowledged to me that the same was the act of the said CITY OF COPPELL, TEXAS, and that he executed the same as the act of such municipal corporation for the purposes and consideration therein expressed, and in the capacity therein stated. MY HAND AND SEAL OF OFFICE, this the ~ day of Notary Public, Sta~e of Texas Notary's printed name: : ;'~'~'~i:""' PAULA J. CROCKER ' .... MY COMMISSION EXPIRES ~ ...... ......... -' T" T EXHIBIT "A" LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT No. TE5-3 BEING 3,378 square feet of land located in the G.C. Woolsey Survey, Abstract No. 1402, Dallas County, Texas, being a portion of that certain 23.589 acre tract of land described in deed to Vista Partners, recorded in Document No. 93- R0066535 of the Real Property Records of Denton County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a 1/2" iron rod set at the intersection of the South right-of-way line of State Highway No. 121 Bypass ( a variable width right-of-way) and the proposed East right-of-way line of Denton Tap Road ( a proposed 120 foot wide right-of-way); THENCE N 27°03'36"E, along said South right-of-way line of State Highway No. 121 Bypass, 22.00 feet to a point; THENCE S 16°20'55"E, 21.30 feet to a point; THENCE S 00°45'11"E, 116.00 feet to a point; THENCE S 05°58'11"E, 30.15 feet to a point; THENCE S 04°04'24"E, 35.10 feet to a point; THENCE S 89°47'52"W, 22.33 feet to a point lying in said proposed East right- of-way of Denton Tap Road; THENCE N 00°15'33"W, along said proposed East right-of-way line of Denton Tap Road, 181.92 feet to the PLACE OF BEGINNING, containing 3,378 square feet of land. 2:~ I ( 2~' F . DE_,~__NT,,,ON-TAP,,, nO,,~, . ,,, ,\,,,,,,, ': ,' "' "':' S ~~ ~ , . _ : _ _ el .92' ~'~ ." ~~.~, Z .-s · .....s' S ~'45';I i "E 116.~' ~S 16'20'55' ...... ~ *~8' I I 'E ' ~MP RAI N2;~~ ' ' _..,/-ESMT. No.TDEE-I V I STA PARTNERS DOC. NO. 9,'5-R00665~5 D.R.D.C.T. SCALE 0 30 60 TEMP. EXHIBIT 'A' CONS TRUCT I ON EASEMENT No. TEE-3 :2.'5,578 SQ. FT. LOCATED IN THE G.C. WOOLSEY SURVEY ABSTRACT No. 1402 I N THE C I TY OF COPPELL, DALLAS COUNTY, TEXAS 10-1;5-97 TE5-E5 WAft: 94093 '~F'IIA WIER & ABOOCIATB6~ INC, RIGHT-OF-V,'AY DEDICATION DEED WITHOUT WARRANTY STATE OF TEXAS § COUNTY OF DALLAS § KNOW ALL MEN BY THESE PRESENTS WHEREAS, CENTEX DEVELOPMENT COMPANY, a division of CENTEX HOMES, a Nevada general partnership ("Grantor"), for and in consideration of the sum of Ten and No/100 Dollars ($10.00) to it cash in hand paid and othdr good and valuable considerations, paid by the CITY OF COPPELL ("Grantee"), the receipt of which is hereby acknowledged and confessed, have granted, sold, and conveyed and by these presents do grant, sell, and convey unto Grantee, a permanent and perpetual fight-of-way, together with the customary uses attendant thereto, on, under, across, and along the property situated in Dallas County, Texas, and described and depicted on Exhibit "A" attached hereto. -- TO HAVE AND TO HOLD the above described fight-of-way, together with all and singular, the right of appurtenances thereto, anywise belonging unto Grantee, its successor, and assigns forever, without warranty as title by Grantor and otherwise subject to all matters of record. IN WITNESS WHEREOF, Centex Development Company has caused this fight-of-way dedication to be signed Coy its duly authorized officer), and the City of Coppell has caused its acceptance of this fight-of-way dedication to be evidenced by the signatures of its duly authorized officer this ]19p day of ~e'e o~,-.t~ ,1998. GRANTOR: CENTEX DEVELOPMENT COMPANY, a dMsion of CENTEX HOMES, a Nevada general partnership GRANTEE: CITY OF C .' By: Jim .lq.~4~t, City Hanager 1 THE STATE OF TEXAS § COUNTY OF DALLAS § Executive Vice President of CENTEX DEVELOPMENT COMPANY, a division of CENTEX My Commission Expires: Printed/Typed Name of Notary My Commission Expires: THE STATE OF TEXAS § COUNTY OF DALLAS § This insWurnent was acl~owledged before me on ~, 1O , 1998, by Candy Sheehan, Mayor of the CITY OF COPPELL, on b~half of s ' ' ' Notary Public, State o~ Texas PrintedfI'yped Name of Notary COMMISSION EXPIRES October 17, 2000 H:~'TARKEY%FORJvI1XX:::~r=AS~PPF=~L2,ROW 2 E-XHIBIT "A" LEGAL DESCRIPTION RIGHT-OF-WAY PARCEL No. 5C BEING 9,006 square feet of land located in the Clarinda Squires Survey, Abstract No. 1327 and the G.C. Woolsey Survey, Abstract No. 1402, Dallas County, Texas, being a portion of that certain 23.589 acre tract of land described in deed to Vista Partners, recorded in Document No. 93-R0066535 of the Real Property Records of Denton County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a point in the East right-of-way line of Denton-Tap Road (a variable width right-of-way) with it's intersection with the North right-of-way line of Natches Trace Drive (a variable width right-of-way); THENCE N 00°17'49"W along the East right-of-way line of said Denton-Tap' Road, 956.90 feet to a point at the beginning of a non-tangent curve to the left; THENCE SOUTHEASTERLY, 9.72 feet along a non-tangent curve to the left having a radius of 3831.72 feet, a central angle of 00°08'43% a chord bearing of S 74°17'02"E, 9.72 feet to a point; THENCE S 00°17'49"E, 152.87 feet to a 5/8-inch iron md found in the South right-of-way line of State Highway No. 121 Bypass; THENCE N 27°03'36"E, along the South right-of-way line of State Highway No. 121 Bypass, 0.79 feet to a 1/2-inch iron rod set; THENCE S 00°15'33"E, 802.05 feet to a 1/2-inch iron rod set in the said North right-of-way line of Natches Trace Drive; THENCE S 89°42'11 "W, along the North right-of-way line of said Natches Trace Drive 9.18 feet to the PLACE OF BEGINNING, containing 9,006 square feet of land. /// /// ~ /// /// PLACE. OF- N 00',7'49'W--~ BEG INN I NG 956.90' $ 89°42 '1 I 8,W'---,,,,~ · ~ ' S ~ V I STA P~ERS 8~. ~' EXHIBIT ~ DOC. NO. 9]-R~665~5 I-- : D.R.D.C.T. RIGHT- OF- WAY A NI ~ 12.30d: .CRES REMA I NG "' PARCEL F- No. 5C z , 9,006 SO. FT. / SCALE I I 30 60 LOCATED IN THE CLARINDA SQUIRES SURVEY ABSTRACT No .' 1327 AIO TH: G.C. WOOLSEY SURVEY ABSTRACT NO. 1402 IN THE CIT OF COPPELL, DALLAS COUNTY, TEXAS sHeET ,oF s ; ""'7// ,'1/ //I //I /11 ~ /11 1/ /// ' ~' ~' " z// /// I// z// DOC. NO. 9,t-R00665:;.t5 D.R.D.C.T. 12, :~Od: ACRES REMA I N I NG SCALE 09-26-97 I I PAR5C2 so so SHEET 2 OF 3 / -'/Y'~'7 wA~94ogs No. 5C 9,006 SQ. FT. LOCATED IN TIE CLARINDA SQUIRES SURVEY ABSTRACT No. 1327 AND THE G.C. WOOLSEY SURVEY ABSTRACT No.: 1402 IN TIE CITY OF COPPELL, DALLAS COUNTY, TEXAS _IQQQQ~ WIER & AOOOCIATE8~ INC. ~ ~-~-- Ill -- ,I i · SCALE '1 I I 0 30 60 J I I III /11 z/I zll /11 223 ' bE~JTO~ /' 224 'TAP' R 0 ~,!~ . N O0° 17 '49'W _ _ ~ / 956.90 ' /// 225 /// ~ /77 / /// __226_ R= 38~ I . 72 ' D= 00'06'4,3' L= 9.72' CH=S 74° 17 '02'E 9.72' :~;~ S 00°~'~'49'E-''/ ~-'-S O0° 15 ,;5:S,'E~-~ 152.87 802.05 ' . ~N 27°05 '36'E  0.79' -, . \./\// VISTA PARTNERS DOC. NO. 9:$-R0066535 D.R.D.C.T. 12. SO:i: ACRES REMA I N I NG /~XHIBIT '~' ) RIGHT - OF- WAY 9 0PARCEL .Yo ~ No. 5 , 06 SO. FT. LOCATED IN THE CLARINDA SQUIRES SURVEY ABSTRACT No. 1527 AND THE G.C. WOOLSEY SURVEY ABSTRACT No. 1402 IN THE CIT F COPPELL, DALLAS COUNTY, TEXAS 09-26-97 :~ 0 PAR59C2